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CA grocer free after guilty plea on minor count
Court Watch | 2009/12/30 10:33

The founder of a Southern California grocery chain who was once convicted on racketeering and other felonies is free after pleading guilty to a lesser count.

George Torres admitted Monday to one count of failing to collect payroll taxes from employees at his Numero Uno markets. He received credit for time served while awaiting prosecution and faces no further jail time.

Torres faced as much as life in prison in April after a federal jury found him guilty of 55 counts, including charges that he ordered the killing of rivals and bribed public officials.

A judge later threw out the most serious charges after prosecutors discovered evidence that may have exonerated him.

Torres' attorney says he's grateful for the court's work that led to his client's freedom.



SEC sues former head of western Pa. health firm
Securities | 2009/12/30 04:33

The Securities and Exchange Commission on Wednesday sued the former head of a defunct Pittsburgh-area medical staffing company, claiming he led a stock fraud and misappropriated $6.4 million by lying about the company's finances.

The SEC sued Richard McDonald, who had already been charged by federal prosecutors, and three other former executives at World Health Alternatives Inc.

"A key aspect of the fraud involved the manipulation of World Health's accounting entries," the lawsuit reads. "This made the company appear more financially sound and masked McDonald's misappropriation of funds."

McDonald, 35, of Gilpin Township, was indicted in August in a wide-ranging fraud that federal prosecutors say has cost investors more than $200 million.

According to that 20-count grand jury indictment, McDonald allegedly diverted funds from World Health while president and chief executive officer from 2003 to 2005. McDonald is also accused of failing to pay some $2.3 million in federal taxes withheld from employee payroll checks and with evading his own federal taxes.

McDonald has an unlisted phone and his criminal defense attorney, William C. Kaczynski, said he doesn't represent McDonald in the SEC matter and doesn't know if anyone else does. Kaczynski relayed a request for comment to McDonald, who did not immediately respond Wednesday.



Balloon boy parents are sent to jail for hoax
Breaking Legal News | 2009/12/30 03:37

The parents who pulled the balloon boy hoax in hopes of landing a reality TV show were sentenced to jail Wednesday — 90 days for him, 20 days for her — and barred from profiting from their newfound celebrity status for the next four years.

Choking back tears, Richard Heene apologized in court for the frenzy he caused when he claimed his 6-year-old son Falcon had floated away in a giant helium balloon shaped like a flying saucer.

"I'm very, very sorry. And I want to apologize to all the rescue workers out there, and the people that got involved in the community," said the 48-year-old Heene, a UFO-obsessed backyard scientist who turned to storm-chasing and reality TV after his Hollywood acting career bombed.

The sentencing was the culmination of a saga that transfixed the nation in October with the sight of the silvery balloon hurtling through the sky on live television. In the end, it was all a publicity stunt by a family broke and desperate for attention and money after networks kept rejecting their reality TV show pitches.



Legal fees mount in Madoff liquidation
Law Center | 2009/12/30 02:35
A court-appointed trustee and a Manhattan law firm working to unravel Bernard Madoff's massive fraud have rung up another $22.1 million in legals fees.

A judge approved the payment Thursday in federal bankruptcy court in Manhattan. It follows initial payouts of over $15 million in July.

Lawyers at the Baker & Hostetler firm say they're following a paper trail that spans the globe while laboring to process over 16,000 claims seeking to recover billions in losses.

Trustee Irving Picard reported last month that he so far recovered about $1.2 billion and sued hedge funds and other large investors for another $14.8 billion.

The 71-year-old Madoff was sentenced earlier this year to 150 years in prison for orchestrating an epic Ponzi scheme that wiped out life savings and entire charities.



SEC alleges fraud by Austin investment firm
Business | 2009/12/30 01:34

An Austin businessman and two of his companies are accused in an alleged scam using former NFL players to attract investors.

The Securities and Exchange Commission on Tuesday filed securities fraud charges in federal court in Austin naming Kurt B. Barton, Triton Financial LLC and Triton Insurance.

The SEC alleges $8.4 million was raised from about 90 investors to purchase an insurance company.

Regulators say the money instead went to pay Triton expenses.

The SEC says Barton and Triton have consented to court orders freezing their assets and appointment of a receiver.

Barton attorney Joe Turner says his client will work with the receiver to ensure that investors "do not lose their money."



Maverick Tube Corp. Wins $6.5 Million Case
Court Watch | 2009/12/29 11:18

Attorneys Alan S. Breckenridge and Jennifer A. Bierman of Gallop, Johnson & Neuman L.C. served as co-counsel in a successful legal action that will benefit client Maverick Tube Corporation by more than $6.5 million.

The U.S. Court of Appeals for the Fifth Circuit ruled in favor of Maverick Tube on December 10, 2009 by overturning the district court rulings in favor of Westchester Surplus Lines Insurance Company. District courts in both Texas and Missouri had heard the case arising from Westchester's refusal to provide insurance coverage to Maverick Tube for claims of property damage and breach of warranty with respect to oil well piping that Maverick had sold to a customer.  

“This case has a long history, including a lawsuit filed by Westchester in Texas and a lawsuit filed by Maverick Tube here in Missouri."  Breckenridge said. “We are very pleased that the U.S. Court of Appeals for the Fifth Circuit understood our arguments, based on Missouri law, and reversed the lower courts’ rulings and remanded the case to the district court for a determination of damages, which we expect will be at least $6.5 million for Maverick Tube,” Breckenridge added. 

Breckenridge chairs the Insurance Practice Group at Gallop, Johnson & Neuman, and is past chair of the Litigation Department. Bierman is a litigator who concentrates her practice in insurance and risk management. Gallop, Johnson & Neuman served as co-counsel with Baker Botts, LLP after the lawsuits were consolidated in Houston, Texas.  

Gallop, Johnson & Neuman, L.C., a full service law firm of 80 attorneys, has provided legal services to clients in diverse industries since its founding in 1976 and is one of the largest law firms in St. Louis. The firm serves public corporations; privately-held companies; entrepreneurs and start-up enterprises; individuals and families; trustees and trust beneficiaries; charities; and non-profit entities.  

For more information, contact Lois A. LaDriere, Director of Marketing, at 314.615.6000 or see the website www.gjn.com.

Media relations contact: Jeff Dunlap at 314.993.6925.



Cremated remains found in Atlanta-area storage
Bankruptcy | 2009/12/29 11:13

A legal team that was seeking a bankrupt funeral home's financial records instead made a macabre discovery: nearly 100 boxes of cremated remains, some dating back more than two decades, stashed in a suburban storage unit.

The discovery has been a comfort for a few families that received the ashes of lost loved ones, but a conundrum for officials trying to figure out what to do with the rest.

Devotis Lee of Atlanta recently received the remains of her father, Julius Griffin, more than 10 years after his death in June 1999.

"It made me feel good, wonderful. It was fantastic," Lee said.

She said she had tried repeatedly to contact the funeral home several years ago but finally gave up in frustration. Then the Fulton County medical examiner's office got in touch to say the ashes had been found.

It's not clear whether any state laws were violated, but authorities are trying to determine whether sanctions should be brought against the Sellers Brothers Funeral Home or its last operator.



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